Deborah McMahon: ADF member found not guilty of indecent assault

A night of birthday celebrations for military comrades soured following allegations of indecent assault inside a Darwin nightclub. The female ADF member has now been acquitted of the charge before a tribunal.

A night of birthday celebrations for military comrades soured following allegations of indecent assault after an alleged bum groping incident inside a Darwin nightclub.

Private Deborah McMahon was charged with indecent assault, specifically the touching of the buttock and/or vagina of the complainant, following the night out in August last year but was this week acquitted before a military tribunal following inconsistent versions of events by witnesses.

The tribunal heard Pte McMahon, the complainant, and four others went out for drinks in Darwin’s CBD to celebrate the birthday of a co-worker on August 15 last year.

Private Deborah McMahon was found not guilty of indecent assault during a Defence Magistrate proceeding. Picture: Facebook

The tearful complainant gave evidence by videolink that during the early hours of August 16 at Discovery Nightclub, Pte McMahon indecently assaulted her by groping her bum for about 60 seconds.

“It definitely wasn’t a brush, it was firm, rough, it felt violating and very sexual,” she said.

“I just froze. She was saying things to me and my mind went to another place.”

The complainant said McMahon only asked for consent after she had placed her hand on the bum.

The official statement from Service Police said the complainant had initially alleged her vagina had also been touched, but during evidence the complainant said she couldn’t recall if that took place.

“I moved away (from McMahon) before anything else could happen,” she said.

Pte McMahon gave evidence that she had touched the complainant’s buttocks but believed she had consent.

“With the banter of the night I lent over to (the complainant) and asked if she was wearing underwear,” she said.

The incident took place at Discovery Nightclub. Picture: Facebook.

“She told me I’d ‘need to check’. I took the response as a go ahead and felt her bum on top of her dress. I lent over to ask if it was OK and she didn’t say anything. I did what I did because I thought I could.”

During cross examination Defending officer Flight Lieutenant Julienne Dewar asked the complainant if she could recall McMahon asking her if she was wearing any underwear.

The complainant said she did not recall.

Flt Lt Dewar asked if the complainant told McMahon she’d “need to check” and she said it was “possible”.

Defence Force Magistrate group captain Scott Geeves acquitted Pte McMahon and found there was reasonable doubt surrounding her guilt

He said all parties had made their best efforts to be honest but there were inconsistencies between the accounts of the complainant and the prosecution’s second witness.

“The array of concessions (the complainant) made under cross examination and the tectonic shift away from (the allegations McMahon touched) her vagina brings into question reliability,” he said.